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Patna High Court

Vishal Yadav @ Sundram YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail and ordered his release on bail subject to statutory conditions.

Summary

Vishal Yadav was arrested in connection with a case registered under Sections 126(2), 352 and 351(2) of the Bhartiya Nyaya Sanhita, 2023, alleging he outraged the modesty of an informant's daughter and opened fire when confronted. The petitioner contended that the FIR was false, asserting a consensual relationship with the daughter and that the informant lodged the complaint out of disapproval. He also disclosed a pending land‑dispute case for which he was on bail. The court examined the prima facie material, noted the victim's statement indicating a prior relationship, and considered the bail application. It directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioner is entitled to bail in the pending criminal case under the B.N.S. provisions.
  • Whether the FIR constitutes a false or frivolous complaint.
  • Whether the prima facie evidence justifies continued detention.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bhartiya Nyaya Sanhita
  • Section 126
  • Section 352
  • Section 351
  • Section 438 CrPC
  • Section 482 BNSS
  • false FIR
  • outraging modesty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36586 of 2026
                  Arising Out of PS. Case No.-173 Year-2025 Thana- DHANAHA District- West Champaran
                 ======================================================
                 Vishal Yadav @ Sundram Yadav, Son of Digvijay Prasad Yadav @ Digwijay
                 Prasad Yadav, Resident of Village-Tamkuhawa, P.S.-Dhanha, District-West
                 Champaran.
                                                                          ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Umesh Kumar Gupta, Advocate
                 For the Opposite Party/s :      Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   16-06-2026                  Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Dhanaha P.S.

                   Case No.173 of 2025 registered under Sections 126(2), 352

                   and 351(2) of the Bhartiya Nyaya Sanhita, 2023 (in short

                   ‘B.N.S.’).

                                3. As per FIR, the petitioner alleged to outrage the

                   modesty of daughter of the informant and her friends and

                   when same was objected by the informant, the petitioner

                   opened fire upon him. After occurrence, petitioner fled away

                   leaving         his        motorcycle,          bearing         Registration

                   No.BR06CB4004, a black colour Yamaha, at spot itself.
Patna High Court CR. MISC. No.36586 of 2026(2) dt.16-06-2026
                                            2/3




                       4. It is submitted by learned counsel appearing for

          petitioner that the informant in fact concealed the true fact

          by lodging the FIR, as during the course of investigation, it

          transpired that the daughter of informant was in relationship

          with petitioner since last one and half years back from the

          occurrence and this fact was surfaced in paragraph-14 of the

          case diary. It is submitted that as the relationship was not

          approved by the informant, the present false case was

          lodged without having any cogent material. Explaining

          criminal antecedent, it is submitted that petitioner found

          involved in one more criminal case, which is related with land

          dispute, where he is on bail.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as prima facie the statement of victim

          suggest that she was in talking terms with petitioner since

          last one and half years of the occurrence, as discussed

          aforesaid, accordingly, the petitioner, above-named, in the

          event of his arrest or surrender in the court below within a

          period of four weeks from today, is directed to be released
           Patna High Court CR. MISC. No.36586 of 2026(2) dt.16-06-2026
                                                       3/3




                     on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten

                     Thousand) with two sureties of the like amount each to the

                     satisfaction of the learned Judicial Magistrate, First Class,

                     Bagaha, West Champaran in connection with Dhanaha P.S.

                     Case No.173 of 2025, subject to the conditions as laid down

                     under Section 438(2) of the Code of Criminal Procedure (in

                     short ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik

                     Suraksha Sanhita, 2023 (in short ‘BNSS’).


                                                   (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T


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